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The Rebuilding Of The Machinism For The Creditor Benefits'Guaranteeing During The Insolvency

Posted on:2003-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:X J ZhangFull Text:PDF
GTID:2156360065460761Subject:Law
Abstract/Summary:PDF Full Text Request
Guaranteeing the benefits of creditors is forever the supreme mission of the civil law, also is the most original cause bringing about insolvency law.After this article analyzed the popular problems about which the workers after bankruptcy is put in the right place, the insolvent cleaning organization is administrafied, the proportion which the creditor is discharged is still very quite low, I suggestion that we should abandon the Social-Selfish-Departmentalism goal model in our Insolvency Law while our market environment on its software and hardware is grown up not well as yet, and the whole social credit awareness is shortened very quite. As a result, the Creditor-Selfish-Departmentalism goal model should be established.Under this goal model, our Insolvency Law should structured the organization setup which authority is centered the Creditor Conference. The Creditor Conference will carry out the inspection to the receivers in bankrupt procedure by the Supervision Committee. The receiver's commercial running must presuppose the palam, equitalde and justice condition. This setup can impel the receiver. To combine perfectly the cheapest discharging cost with the highest returns, make the creditorobtain the greater distributive benefits. In the meanwhile, My article put forward, The bankrupt and quasi-bankrupt is introduced into the bankrupt system on their personality, under which their some rights on the public and private law will be deprived within definite period; They as well as individual creditor will be suggested that put into effect the stern criminal responsibility investigating system order to bring under control the not normal appearance in which dodging creditors is believed justified to reconstruct the idea of the civil law about the Pacta Sunt Servanda, ?thus clean a good order discharging debts for our market oriented economy developing healthily.
Keywords/Search Tags:Insolvency, The Benefits of Creditor, Dynamic Guarantee Machinism, Rebuilding
PDF Full Text Request
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